Australian Capital Territory Numbered Acts

CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 2005) - SECT 53

    (1)     In deciding how the offender should be sentenced (if at all) for the offence, the court—

        (a)     must consider any victim impact statement given to the court in relation to the offence; and

        (b)     must not draw any inference about the harm suffered by a victim from the fact that a victim impact statement is not given to the court in relation to the offence.

    (2)     A victim impact statement must not be given in writing to the court unless—

        (a)     the statement is made in accordance with section 51 (Victim impact statements—form and contents); and

        (b)     a copy of the statement has been given to the defence.

    (3)     The defence may cross-examine a person who makes a victim impact statement on the contents of the statement.

    (4)     However, if the offender is not legally represented, the offender may cross-examine the person only if—

        (a)     the offender has indicated to the court the nature of the proposed cross-examination; and

        (b)     the court gives the offender leave to cross-examine the person.

    (5)     In this section:

"defence" means—

        (a)     any lawyer representing the offender; or

        (b)     if the offender is not legally represented—the offender.

"given "includes made orally in court or read out in court under this part.